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  1. #14
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: False Arrested for Standing in a Median

    I assume the Boulder police simply cited you for the ordinance violation. I think that even if the police lacked probable cause for the citation that you would get nothing for suing for the 14th amendment violation. (Not 4th Amendment, which applies only to the federal government. The protection of the 4th Amendment is made applicable to the states and local governments by the 14th amendment.) That’s because you have suffered no legally recognized damages from it. The U.S. Supreme Court has held that absent actual damages all you would get from the violation (which would be brought in federal court under 42 U.S.C. § 1983) is $1, i.e. a symbolic win. As it would cost you more than that to sue, it is not worthwhile. Nor does Colorado law provide you any damages beyond your actual damages, either.

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